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	<title>Andrew Shubin &#187; penn state</title>
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		<title>The Web Means the End of Forgetting</title>
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		<pubDate>Fri, 30 Jul 2010 15:54:33 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<description><![CDATA[By JEFFREY ROSEN
Published: July 19, 2010
Four years ago, Stacy Snyder, then a 25-year-old teacher in training at Conestoga Valley High School in Lancaster, Pa., posted a photo on her MySpace page that showed her at a party wearing a pirate hat and drinking from a plastic cup, with the caption “Drunken Pirate.” After discovering the [...]]]></description>
			<content:encoded><![CDATA[<p>By JEFFREY ROSEN<br />
Published: July 19, 2010</p>
<p>Four years ago, Stacy Snyder, then a 25-year-old teacher in training at Conestoga Valley High School in Lancaster, Pa., posted a photo on her MySpace page that showed her at a party wearing a pirate hat and drinking from a plastic cup, with the caption “Drunken Pirate.” After discovering the page, her supervisor at the high school told her the photo was “unprofessional,” and the dean of Millersville University School of Education, where Snyder was enrolled, said she was promoting drinking in virtual view of her under-age students. As a result, days before Snyder’s scheduled graduation, the university denied her a teaching degree. Snyder sued, arguing that the university had violated her First Amendment rights by penalizing her for her (perfectly legal) after-hours behavior. But in 2008, a federal district judge rejected the claim, saying that because Snyder was a public employee whose photo didn’t relate to matters of public concern, her “Drunken Pirate” post was not protected speech.<br />
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<p>When historians of the future look back on the perils of the early digital age, Stacy Snyder may well be an icon. The problem she faced is only one example of a challenge that, in big and small ways, is confronting millions of people around the globe: how best to live our lives in a world where the Internet records everything and forgets nothing — where every online photo, status update, Twitter post and blog entry by and about us can be stored forever. With Web sites like LOL Facebook Moments, which collects and shares embarrassing personal revelations from Facebook users, ill-advised photos and online chatter are coming back to haunt people months or years after the fact. Examples are proliferating daily: there was the 16-year-old British girl who was fired from her office job for complaining on Facebook, “I’m so totally bored!!”; there was the 66-year-old Canadian psychotherapist who tried to enter the United States but was turned away at the border — and barred permanently from visiting the country — after a border guard’s Internet search found that the therapist had written an article in a philosophy journal describing his experiments 30 years ago with L.S.D. </p>
<p>According to a recent survey by Microsoft, 75 percent of U.S. recruiters and human-resource professionals report that their companies require them to do online research about candidates, and many use a range of sites when scrutinizing applicants — including search engines, social-networking sites, photo- and video-sharing sites, personal Web sites and blogs, Twitter and online-gaming sites. Seventy percent of U.S. recruiters report that they have rejected candidates because of information found online, like photos and discussion-board conversations and membership in controversial groups. </p>
<p>Technological advances, of course, have often presented new threats to privacy. In 1890, in perhaps the most famous article on privacy ever written, Samuel Warren and Louis Brandeis complained that because of new technology — like the Kodak camera and the tabloid press — “gossip is no longer the resource of the idle and of the vicious but has become a trade.” But the mild society gossip of the Gilded Age pales before the volume of revelations contained in the photos, video and chatter on social-media sites and elsewhere across the Internet. Facebook, which surpassed MySpace in 2008 as the largest social-networking site, now has nearly 500 million members, or 22 percent of all Internet users, who spend more than 500 billion minutes a month on the site. Facebook users share more than 25 billion pieces of content each month (including news stories, blog posts and photos), and the average user creates 70 pieces of content a month. There are more than 100 million registered Twitter users, and the Library of Congress recently announced that it will be acquiring — and permanently storing — the entire archive of public Twitter posts since 2006. </p>
<p>In Brandeis’s day — and until recently, in ours — you had to be a celebrity to be gossiped about in public: today all of us are learning to expect the scrutiny that used to be reserved for the famous and the infamous. A 26-year-old Manhattan woman told The New York Times that she was afraid of being tagged in online photos because it might reveal that she wears only two outfits when out on the town — a Lynyrd Skynyrd T-shirt or a basic black dress. “You have movie-star issues,” she said, “and you’re just a person.” </p>
<p>We’ve known for years that the Web allows for unprecedented voyeurism, exhibitionism and inadvertent indiscretion, but we are only beginning to understand the costs of an age in which so much of what we say, and of what others say about us, goes into our permanent — and public — digital files. The fact that the Internet never seems to forget is threatening, at an almost existential level, our ability to control our identities; to preserve the option of reinventing ourselves and starting anew; to overcome our checkered pasts. </p>
<p>In a recent book, “Delete: The Virtue of Forgetting in the Digital Age,” the cyberscholar Viktor Mayer-Schönberger cites Stacy Snyder’s case as a reminder of the importance of “societal forgetting.” By “erasing external memories,” he says in the book, “our society accepts that human beings evolve over time, that we have the capacity to learn from past experiences and adjust our behavior.” In traditional societies, where missteps are observed but not necessarily recorded, the limits of human memory ensure that people’s sins are eventually forgotten. By contrast, Mayer-Schönberger notes, a society in which everything is recorded “will forever tether us to all our past actions, making it impossible, in practice, to escape them.” He concludes that “without some form of forgetting, forgiving becomes a difficult undertaking.” </p>
<p>It’s often said that we live in a permissive era, one with infinite second chances. But the truth is that for a great many people, the permanent memory bank of the Web increasingly means there are no second chances — no opportunities to escape a scarlet letter in your digital past. Now the worst thing you’ve done is often the first thing everyone knows about you. </p>
<p>THE CRISIS — AND THE SOLUTION?<br />
All this has created something of a collective identity crisis. For most of human history, the idea of reinventing yourself or freely shaping your identity — of presenting different selves in different contexts (at home, at work, at play) — was hard to fathom, because people’s identities were fixed by their roles in a rigid social hierarchy. With little geographic or social mobility, you were defined not as an individual but by your village, your class, your job or your guild. But that started to change in the late Middle Ages and the Renaissance, with a growing individualism that came to redefine human identity. As people perceived themselves increasingly as individuals, their status became a function not of inherited categories but of their own efforts and achievements. This new conception of malleable and fluid identity found its fullest and purest expression in the American ideal of the self-made man, a term popularized by Henry Clay in 1832. From the late 18th to the early 20th century, millions of Europeans moved from the Old World to the New World and then continued to move westward across America, a development that led to what the historian Frederick Jackson Turner called “the significance of the frontier,” in which the possibility of constant migration from civilization to the wilderness made Americans distrustful of hierarchy and committed to inventing and reinventing themselves. </p>
<p>In the 20th century, however, the ideal of the self-made man came under siege. The end of the Western frontier led to worries that Americans could no longer seek a fresh start and leave their past behind, a kind of reinvention associated with the phrase “G.T.T.,” or “Gone to Texas.” But the dawning of the Internet age promised to resurrect the ideal of what the psychiatrist Robert Jay Lifton has called the “protean self.” If you couldn’t flee to Texas, you could always seek out a new chat room and create a new screen name. For some technology enthusiasts, the Web was supposed to be the second flowering of the open frontier, and the ability to segment our identities with an endless supply of pseudonyms, avatars and categories of friendship was supposed to let people present different sides of their personalities in different contexts. What seemed within our grasp was a power that only Proteus possessed: namely, perfect control over our shifting identities. </p>
<p>But the hope that we could carefully control how others view us in different contexts has proved to be another myth. As social-networking sites expanded, it was no longer quite so easy to have segmented identities: now that so many people use a single platform to post constant status updates and photos about their private and public activities, the idea of a home self, a work self, a family self and a high-school-friends self has become increasingly untenable. In fact, the attempt to maintain different selves often arouses suspicion. Moreover, far from giving us a new sense of control over the face we present to the world, the Internet is shackling us to everything that we have ever said, or that anyone has said about us, making the possibility of digital self-reinvention seem like an ideal from a distant era. </p>
<p>Concern about these developments has intensified this year, as Facebook took steps to make the digital profiles of its users generally more public than private. Last December, the company announced that parts of user profiles that had previously been private — including every user’s friends, relationship status and family relations — would become public and accessible to other users. Then in April, Facebook introduced an interactive system called Open Graph that can share your profile information and friends with the Facebook partner sites you visit. </p>
<p>What followed was an avalanche of criticism from users, privacy regulators and advocates around the world. Four Democratic senators — Charles Schumer of New York, Michael Bennet of Colorado, Mark Begich of Alaska and Al Franken of Minnesota — wrote to the chief executive of Facebook, Mark Zuckerberg, expressing concern about the “instant personalization” feature and the new privacy settings. The reaction to Facebook’s changes was such that when four N.Y.U. students announced plans in April to build a free social-networking site called Diaspora, which wouldn’t compel users to compromise their privacy, they raised more than $20,000 from more than 700 backers in a matter of weeks. In May, Facebook responded to all the criticism by introducing a new set of privacy controls that the company said would make it easier for users to understand what kind of information they were sharing in various contexts. </p>
<p>Facebook’s partial retreat has not quieted the desire to do something about an urgent problem. All around the world, political leaders, scholars and citizens are searching for responses to the challenge of preserving control of our identities in a digital world that never forgets. Are the most promising solutions going to be technological? Legislative? Judicial? Ethical? A result of shifting social norms and cultural expectations? Or some mix of the above? Alex Türk, the French data-protection commissioner, has called for a “constitutional right to oblivion” that would allow citizens to maintain a greater degree of anonymity online and in public places. In Argentina, the writers Alejandro Tortolini and Enrique Quagliano have started a campaign to “reinvent forgetting on the Internet,” exploring a range of political and technological ways of making data disappear. In February, the European Union helped finance a campaign called “Think B4 U post!” that urges young people to consider the “potential consequences” of publishing photos of themselves or their friends without “thinking carefully” and asking permission. And in the United States, a group of technologists, legal scholars and cyberthinkers are exploring ways of recreating the possibility of digital forgetting. These approaches share the common goal of reconstructing a form of control over our identities: the ability to reinvent ourselves, to escape our pasts and to improve the selves that we present to the world. </p>
<p>REPUTATION BANKRUPTCY AND TWITTERGATION<br />
A few years ago, at the giddy dawn of the Web 2.0 era — so called to mark the rise of user-generated online content — many technological theorists assumed that self-governing communities could ensure, through the self-correcting wisdom of the crowd, that all participants enjoyed the online identities they deserved. Wikipedia is one embodiment of the faith that the wisdom of the crowd can correct most mistakes — that a Wikipedia entry for a small-town mayor, for example, will reflect the reputation he deserves. And if the crowd fails — perhaps by turning into a digital mob — Wikipedia offers other forms of redress. Those who think their Wikipedia entries lack context, because they overemphasize a single personal or professional mistake, can petition a group of select editors that decides whether a particular event in someone’s past has been given “undue weight.” For example, if the small-town mayor had an exemplary career but then was arrested for drunken driving, which came to dominate his Wikipedia entry, he can petition to have the event put in context or made less prominent. </p>
<p>In practice, however, self-governing communities like Wikipedia — or algorithmically self-correcting systems like Google — often leave people feeling misrepresented and burned. Those who think that their online reputations have been unfairly tarnished by an isolated incident or two now have a practical option: consulting a firm like ReputationDefender, which promises to clean up your online image. ReputationDefender was founded by Michael Fertik, a Harvard Law School graduate who was troubled by the idea of young people being forever tainted online by their youthful indiscretions. “I was seeing articles about the ‘Lord of the Flies’ behavior that all of us engage in at that age,” he told me, “and it felt un-American that when the conduct was online, it could have permanent effects on the speaker and the victim. The right to new beginnings and the right to self-definition have always been among the most beautiful American ideals.” </p>
<p>ReputationDefender, which has customers in more than 100 countries, is the most successful of the handful of reputation-related start-ups that have been growing rapidly after the privacy concerns raised by Facebook and Google. (ReputationDefender recently raised $15 million in new venture capital.) For a fee, the company will monitor your online reputation, contacting Web sites individually and asking them to take down offending items. In addition, with the help of the kind of search-optimization technology that businesses use to raise their Google profiles, ReputationDefender can bombard the Web with positive or neutral information about its customers, either creating new Web pages or by multiplying links to existing ones to ensure they show up at the top of any Google search. (Services begin from $10 a month to $1,000 a year; for challenging cases, the price can rise into the tens of thousands.) By automatically raising the Google ranks of the positive links, ReputationDefender pushes the negative links to the back pages of a Google search, where they’re harder to find. “We’re hearing stories of employers increasingly asking candidates to open up Facebook pages in front of them during job interviews,” Fertik told me. “Our customers include parents whose kids have talked about them on the Internet — ‘Mom didn’t get the raise’; ‘Dad got fired’; ‘Mom and Dad are fighting a lot, and I’m worried they’ll get a divorce.’ ” </p>
<p>Companies like ReputationDefender offer a promising short-term solution for those who can afford it; but tweaking your Google profile may not be enough for reputation management in the near future, as Web 2.0 swiftly gives way to Web. 3.0 — a world in which user-generated content is combined with a new layer of data aggregation and analysis and live video. For example, the Facebook application Photo Finder, by Face.com, uses facial-recognition and social-connections software to allow you to locate any photo of yourself or a friend on Facebook, regardless of whether the photo was “tagged” — that is, the individual in the photo was identified by name. At the moment, Photo Finder allows you to identify only people on your contact list, but as facial-recognition technology becomes more widespread and sophisticated, it will almost certainly challenge our expectation of anonymity in public. People will be able to snap a cellphone picture (or video) of a stranger, plug the images into Google and pull up all tagged and untagged photos of that person that exist on the Web. </p>
<p>In the nearer future, Internet searches for images are likely to be combined with social-network aggregator search engines, like today’s Spokeo and Pipl, which combine data from online sources — including political contributions, blog posts, YouTube videos, Web comments, real estate listings and photo albums. Increasingly these aggregator sites will rank people’s public and private reputations, like the new Web site Unvarnished, a reputation marketplace where people can write anonymous reviews about anyone. In the Web 3.0 world, Fertik predicts, people will be rated, assessed and scored based not on their creditworthiness but on their trustworthiness as good parents, good dates, good employees, good baby sitters or good insurance risks. </p>
<p>Anticipating these challenges, some legal scholars have begun imagining new laws that could allow people to correct, or escape from, the reputation scores that may govern our personal and professional interactions in the future. Jonathan Zittrain, who teaches cyberlaw at Harvard Law School, supports an idea he calls “reputation bankruptcy,” which would give people a chance to wipe their reputation slates clean and start over. To illustrate the problem, Zittrain showed me an iPhone app called Date Check, by Intelius, that offers a “sleaze detector” to let you investigate people you’re thinking about dating — it reports their criminal histories, address histories and summaries of their social-networking profiles. Services like Date Check, Zittrain said, could soon become even more sophisticated, rating a person’s social desirability based on minute social measurements — like how often he or she was approached or avoided by others at parties (a ranking that would be easy to calibrate under existing technology using cellphones and Bluetooth). Zittrain also speculated that, over time, more and more reputation queries will be processed by a handful of de facto reputation brokers — like the existing consumer-reporting agencies Experian and Equifax, for example — which will provide ratings for people based on their sociability, trustworthiness and employability. </p>
<p>To allow people to escape from negative scores generated by these services, Zittrain says that people should be allowed to declare “reputation bankruptcy” every 10 years or so, wiping out certain categories of ratings or sensitive information. His model is the Fair Credit Reporting Act, which requires consumer-reporting agencies to provide you with one free credit report a year — so you can dispute negative or inaccurate information — and prohibits the agencies from retaining negative information about bankruptcies, late payments or tax liens for more than 10 years. “Like personal financial bankruptcy, or the way in which a state often seals a juvenile criminal record and gives a child a ‘fresh start’ as an adult,” Zittrain writes in his book “The Future of the Internet and How to Stop It,” “we ought to consider how to implement the idea of a second or third chance into our digital spaces.” </p>
<p>Another proposal, offered by Paul Ohm, a law professor at the University of Colorado, would make it illegal for employers to fire or refuse to hire anyone on the basis of legal off-duty conduct revealed in Facebook postings or Google profiles. “Is it really fair for employers to know what you’ve put in your Facebook status updates?” Ohm asks. “We could say that Facebook status updates have taken the place of water-cooler chat, which employers were never supposed to overhear, and we could pass a prohibition on the sorts of information employers can and can’t consider when they hire someone.” </p>
<p>Ohm became interested in this problem in the course of researching the ease with which we can learn the identities of people from supposedly anonymous personal data like movie preferences and health information. When Netflix, for example, released 100 million purportedly anonymous records revealing how almost 500,000 users had rated movies from 1999 to 2005, researchers were able to identify people in the database by name with a high degree of accuracy if they knew even only a little bit about their movie-watching preferences, obtained from public data posted on other ratings sites. </p>
<p>Ohm says he worries that employers would be able to use social-network-aggregator services to identify people’s book and movie preferences and even Internet-search terms, and then fire or refuse to hire them on that basis. A handful of states — including New York, California, Colorado and North Dakota — broadly prohibit employers from discriminating against employees for legal off-duty conduct like smoking. Ohm suggests that these laws could be extended to prevent certain categories of employers from refusing to hire people based on Facebook pictures, status updates and other legal but embarrassing personal information. (In practice, these laws might be hard to enforce, since employers might not disclose the real reason for their hiring decisions, so employers, like credit-reporting agents, might also be required by law to disclose to job candidates the negative information in their digital files.) </p>
<p>Another legal option for responding to online setbacks to your reputation is to sue under current law. There’s already a sharp rise in lawsuits known as Twittergation — that is, suits to force Web sites to remove slanderous or false posts. Last year, Courtney Love was sued for libel by the fashion designer Boudoir Queen for supposedly slanderous comments posted on Twitter, on Love’s MySpace page and on the designer’s online marketplace-feedback page. But even if you win a U.S. libel lawsuit, the Web site doesn’t have to take the offending material down any more than a newspaper that has lost a libel suit has to remove the offending content from its archive. </p>
<p>Some scholars, therefore, have proposed creating new legal rights to force Web sites to remove false or slanderous statements. Cass Sunstein, the Obama administration’s regulatory czar, suggests in his new book, “On Rumors,” that there might be “a general right to demand retraction after a clear demonstration that a statement is both false and damaging.” (If a newspaper or blogger refuses to post a retraction, they might be liable for damages.) Sunstein adds that Web sites might be required to take down false postings after receiving notice that they are false — an approach modeled on the Digital Millennium Copyright Act, which requires Web sites to remove content that supposedly infringes intellectual property rights after receiving a complaint. </p>
<p>As Stacy Snyder’s “Drunken Pirate” photo suggests, however, many people aren’t worried about false information posted by others — they’re worried about true information they’ve posted about themselves when it is taken out of context or given undue weight. And defamation law doesn’t apply to true information or statements of opinion. Some legal scholars want to expand the ability to sue over true but embarrassing violations of privacy — although it appears to be a quixotic goal. </p>
<p>Daniel Solove, a George Washington University law professor and author of the book “The Future of Reputation,” says that laws forbidding people to breach confidences could be expanded to allow you to sue your Facebook friends if they share your embarrassing photos or posts in violation of your privacy settings. Expanding legal rights in this way, however, would run up against the First Amendment rights of others. Invoking the right to free speech, the U.S. Supreme Court has already held that the media can’t be prohibited from publishing the name of a rape victim that they obtained from public records. Generally, American judges hold that if you disclose something to a few people, you can’t stop them from sharing the information with the rest of the world. </p>
<p>That’s one reason that the most promising solutions to the problem of embarrassing but true information online may be not legal but technological ones. Instead of suing after the damage is done (or hiring a firm to clean up our messes), we need to explore ways of pre-emptively making the offending words or pictures disappear. </p>
<p>EXPIRATION DATES<br />
Jorge Luis Borges, in his short story “Funes, the Memorious,” describes a young man who, as a result of a riding accident, has lost his ability to forget. Funes has a tremendous memory, but he is so lost in the details of everything he knows that he is unable to convert the information into knowledge and unable, as a result, to grow in wisdom. Viktor Mayer-Schönberger, in “Delete,” uses the Borges story as an emblem for the personal and social costs of being so shackled by our digital past that we are unable to evolve and learn from our mistakes. After reviewing the various possible legal solutions to this problem, Mayer-Schönberger says he is more convinced by a technological fix: namely, mimicking human forgetting with built-in expiration dates for data. He imagines a world in which digital-storage devices could be programmed to delete photos or blog posts or other data that have reached their expiration dates, and he suggests that users could be prompted to select an expiration date before saving any data. </p>
<p>This is not an entirely fanciful vision. Google not long ago decided to render all search queries anonymous after nine months (by deleting part of each Internet protocol address), and the upstart search engine Cuil has announced that it won’t keep any personally identifiable information at all, a privacy feature that distinguishes it from Google. And there are already small-scale privacy apps that offer disappearing data. An app called TigerText allows text-message senders to set a time limit from one minute to 30 days after which the text disappears from the company’s servers on which it is stored and therefore from the senders’ and recipients’ phones. (The founder of TigerText, Jeffrey Evans, has said he chose the name before the scandal involving Tiger Woods’s supposed texts to a mistress.) </p>
<p>Expiration dates could be implemented more broadly in various ways. Researchers at the University of Washington, for example, are developing a technology called Vanish that makes electronic data “self-destruct” after a specified period of time. Instead of relying on Google, Facebook or Hotmail to delete the data that is stored “in the cloud” — in other words, on their distributed servers — Vanish encrypts the data and then “shatters” the encryption key. To read the data, your computer has to put the pieces of the key back together, but they “erode” or “rust” as time passes, and after a certain point the document can no longer be read. Tadayoshi Kohno, a designer of Vanish, told me that the system could provide expiration dates not only for e-mail but also for any data stored in the cloud, including photos or text or anything posted on Facebook, Google or blogs. The technology doesn’t promise perfect control — you can’t stop someone from copying your photos or Facebook chats during the period in which they are not encrypted. But as Vanish improves, it could bring us much closer to a world where our data didn’t linger forever. </p>
<p>Kohno told me that Facebook, if it wanted to, could implement expiration dates on its own platform, making our data disappear after, say, three days or three months unless a user specified that he wanted it to linger forever. It might be a more welcome option for Facebook to encourage the development of Vanish-style apps that would allow individual users who are concerned about privacy to make their own data disappear without imposing the default on all Facebook users. </p>
<p>So far, however, Zuckerberg, Facebook’s C.E.O., has been moving in the opposite direction — toward transparency rather than privacy. In defending Facebook’s recent decision to make the default for profile information about friends and relationship status public rather than private, Zuckerberg said in January to the founder of the publication TechCrunch that Facebook had an obligation to reflect “current social norms” that favored exposure over privacy. “People have really gotten comfortable not only sharing more information and different kinds but more openly and with more people, and that social norm is just something that has evolved over time,” he said. </p>
<p>PRIVACY’S NEW NORMAL<br />
But not all Facebook users agree with Zuckerberg. Plenty of anecdotal evidence suggests that young people, having been burned by Facebook (and frustrated by its privacy policy, which at more than 5,000 words is longer than the U.S. Constitution), are savvier than older users about cleaning up their tagged photos and being careful about what they post. And two recent studies challenge the conventional wisdom that young people have no qualms about having their entire lives shared and preserved online forever. A University of California, Berkeley, study released in April found that large majorities of people between 18 and 22 said there should be laws that require Web sites to delete all stored information about individuals (88 percent) and that give people the right to know all the information Web sites know about them (62 percent) — percentages that mirrored the privacy views of older adults. A recent Pew study found that 18-to-29-year-olds are actually more concerned about their online profiles than older people are, vigilantly deleting unwanted posts, removing their names from tagged photos and censoring themselves as they share personal information, because they are coming to understand the dangers of oversharing.<br />
Still, Zuckerberg is on to something when he recognizes that the future of our online identities and reputations will ultimately be shaped not just by laws and technologies but also by changing social norms. And norms are already developing to recreate off-the-record spaces in public, with no photos, Twitter posts or blogging allowed. Milk and Honey, an exclusive bar on Manhattan’s Lower East Side, requires potential members to sign an agreement promising not to blog about the bar’s goings on or to post photos on social-networking sites, and other bars and nightclubs are adopting similar policies. I’ve been at dinners recently where someone has requested, in all seriousness, “Please don’t tweet this” — a custom that is likely to spread. </p>
<p>But what happens when people transgress those norms, using Twitter or tagging photos in ways that cause us serious embarrassment? Can we imagine a world in which new norms develop that make it easier for people to forgive and forget one another’s digital sins? </p>
<p>That kind of social norm may be harder to develop. Alessandro Acquisti, a scholar at Carnegie Mellon University, studies the behavioral economics of privacy — that is, the conscious and unconscious mental trade-offs we make in deciding whether to reveal or conceal information, balancing the benefits of sharing with the dangers of disclosure. He is conducting experiments about the “decay time” and the relative weight of good and bad information — in other words, whether people discount positive information about you more quickly and heavily than they discount negative information about you. His research group’s preliminary results suggest that if rumors spread about something good you did 10 years ago, like winning a prize, they will be discounted; but if rumors spread about something bad that you did 10 years ago, like driving drunk, that information has staying power. Research in behavioral psychology confirms that people pay more attention to bad rather than good information, and Acquisti says he fears that “20 years from now, if all of us have a skeleton on Facebook, people may not discount it because it was an error in our youth.” </p>
<p>On the assumption that strangers may not make it easy for us to escape our pasts, Acquisti is also studying technologies and strategies of “privacy nudges” that might prompt people to think twice before sharing sensitive photos or information in the first place. Gmail, for example, has introduced a feature that forces you to think twice before sending drunken e-mail messages. When you enable the feature, called Mail Goggles, it prompts you to solve simple math problems before sending e-mail messages at times you’re likely to regret. (By default, Mail Goggles is active only late on weekend nights.) Acquisti is investigating similar strategies of “soft paternalism” that might nudge people to hesitate before posting, say, drunken photos from Cancún. “We could easily think about a system, when you are uploading certain photos, that immediately detects how sensitive the photo will be.” </p>
<p>A silly but surprisingly effective alternative might be to have an anthropomorphic icon — a stern version of Microsoft’s Clippy — that could give you a reproachful look before you hit the send button. According to M. Ryan Calo, who runs the consumer-privacy project at Stanford Law School, experimenters studying strategies of “visceral notice” have found that when people navigate a Web site in the presence of a human-looking online character who seems to be actively following the cursor, they disclose less personal information than people who browse with no character or one who appears not to be paying attention. As people continue to experience the drawbacks of living in a world that never forgets, they may well learn to hesitate before posting information, with or without humanoid Clippys. </p>
<p>FORGIVENESS<br />
In addition to exposing less for the Web to forget, it might be helpful for us to explore new ways of living in a world that is slow to forgive. It’s sobering, now that we live in a world misleadingly called a “global village,” to think about privacy in actual, small villages long ago. In the villages described in the Babylonian Talmud, for example, any kind of gossip or tale-bearing about other people — oral or written, true or false, friendly or mean — was considered a terrible sin because small communities have long memories and every word spoken about other people was thought to ascend to the heavenly cloud. (The digital cloud has made this metaphor literal.) But the Talmudic villages were, in fact, far more humane and forgiving than our brutal global village, where much of the content on the Internet would meet the Talmudic definition of gossip: although the Talmudic sages believed that God reads our thoughts and records them in the book of life, they also believed that God erases the book for those who atone for their sins by asking forgiveness of those they have wronged. In the Talmud, people have an obligation not to remind others of their past misdeeds, on the assumption they may have atoned and grown spiritually from their mistakes. “If a man was a repentant [sinner],” the Talmud says, “one must not say to him, ‘Remember your former deeds.’ ”<br />
Unlike God, however, the digital cloud rarely wipes our slates clean, and the keepers of the cloud today are sometimes less forgiving than their all-powerful divine predecessor. In an interview with Charlie Rose on PBS, Eric Schmidt, the C.E.O. of Google, said that “the next generation is infinitely more social online” — and less private — “as evidenced by their Facebook pictures,” which “will be around when they’re running for president years from now.” Schmidt added: “As long as the answer is that I chose to make a mess of myself with this picture, then it’s fine. The issue is when somebody else does it.” If people chose to expose themselves for 15 minutes of fame, Schmidt says, “that’s their choice, and they have to live with it.” </p>
<p>Schmidt added that the “notion of control is fundamental to the evolution of these privacy-based solutions,” pointing to Google Latitude, which allows people to broadcast their locations in real time. </p>
<p>This idea of privacy as a form of control is echoed by many privacy scholars, but it seems too harsh to say that if people like Stacy Snyder don’t use their privacy settings responsibly, they have to live forever with the consequences. Privacy protects us from being unfairly judged out of context on the basis of snippets of private information that have been exposed against our will; but we can be just as unfairly judged out of context on the basis of snippets of public information that we have unwisely chosen to reveal to the wrong audience. </p>
<p>Moreover, the narrow focus on privacy as a form of control misses what really worries people on the Internet today. What people seem to want is not simply control over their privacy settings; they want control over their online reputations. But the idea that any of us can control our reputations is, of course, an unrealistic fantasy. The truth is we can’t possibly control what others say or know or think about us in a world of Facebook and Google, nor can we realistically demand that others give us the deference and respect to which we think we’re entitled. On the Internet, it turns out, we’re not entitled to demand any particular respect at all, and if others don’t have the empathy necessary to forgive our missteps, or the attention spans necessary to judge us in context, there’s nothing we can do about it. </p>
<p>But if we can’t control what others think or say or view about us, we can control our own reaction to photos, videos, blogs and Twitter posts that we feel unfairly represent us. A recent study suggests that people on Facebook and other social-networking sites express their real personalities, despite the widely held assumption that people try online to express an enhanced or idealized impression of themselves. Samuel Gosling, the University of Texas, Austin, psychology professor who conducted the study, told the Facebook blog, “We found that judgments of people based on nothing but their Facebook profiles correlate pretty strongly with our measure of what that person is really like, and that measure consists of both how the profile owner sees him or herself and how that profile owner’s friends see the profile owner.” </p>
<p>By comparing the online profiles of college-aged people in the United States and Germany with their actual personalities and their idealized personalities, or how they wanted to see themselves, Gosling found that the online profiles conveyed “rather accurate images of the profile owners, either because people aren’t trying to look good or because they are trying and failing to pull it off.” (Personality impressions based on the online profiles were most accurate for extroverted people and least accurate for neurotic people, who cling tenaciously to an idealized self-image.) </p>
<p>Gosling is optimistic about the implications of his study for the possibility of digital forgiveness. He acknowledged that social technologies are forcing us to merge identities that used to be separate — we can no longer have segmented selves like “a home or family self, a friend self, a leisure self, a work self.” But although he told Facebook, “I have to find a way to reconcile my professor self with my having-a-few-drinks self,” he also suggested that as all of us have to merge our public and private identities, photos showing us having a few drinks on Facebook will no longer seem so scandalous. “You see your accountant going out on weekends and attending clown conventions, that no longer makes you think that he’s not a good accountant. We’re coming to terms and reconciling with that merging of identities.” </p>
<p>Perhaps society will become more forgiving of drunken Facebook pictures in the way Gosling says he expects it might. And some may welcome the end of the segmented self, on the grounds that it will discourage bad behavior and hypocrisy: it’s harder to have clandestine affairs when you’re broadcasting your every move on Facebook, Twitter and Foursquare. But a humane society values privacy, because it allows people to cultivate different aspects of their personalities in different contexts; and at the moment, the enforced merging of identities that used to be separate is leaving many casualties in its wake. Stacy Snyder couldn’t reconcile her “aspiring-teacher self” with her “having-a-few-drinks self”: even the impression, correct or not, that she had a drink in a pirate hat at an off-campus party was enough to derail her teaching career. </p>
<p>That doesn’t mean, however, that it had to derail her life. After taking down her MySpace profile, Snyder is understandably trying to maintain her privacy: her lawyer told me in a recent interview that she is now working in human resources; she did not respond to a request for comment. But her success as a human being who can change and evolve, learning from her mistakes and growing in wisdom, has nothing to do with the digital file she can never entirely escape. Our character, ultimately, can’t be judged by strangers on the basis of our Facebook or Google profiles; it can be judged by only those who know us and have time to evaluate our strengths and weaknesses, face to face and in context, with insight and understanding. In the meantime, as all of us stumble over the challenges of living in a world without forgetting, we need to learn new forms of empathy, new ways of defining ourselves without reference to what others say about us and new ways of forgiving one another for the digital trails that will follow us forever. </p>
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		<title>DUI &#8212; Drivers on Prescription Drugs</title>
		<link>http://www.statecollegelaw.com/dui-drivers-on-prescription-drugs/</link>
		<comments>http://www.statecollegelaw.com/dui-drivers-on-prescription-drugs/#comments</comments>
		<pubDate>Mon, 26 Jul 2010 16:17:11 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<category><![CDATA[Driving Under the Influence]]></category>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=827</guid>
		<description><![CDATA[By ABBY GOODNOUGH and KATIE ZEZIMA
Published: July 24, 2010
The accident that killed Kathryn Underdown had all the markings of a drunken-driving case. The car that hit her as she rode her bicycle one May evening in Miller Place, N.Y., did not stop, the police said, until it crashed into another vehicle farther down the road. [...]]]></description>
			<content:encoded><![CDATA[<p>By ABBY GOODNOUGH and KATIE ZEZIMA<br />
Published: July 24, 2010</p>
<p>The accident that killed Kathryn Underdown had all the markings of a drunken-driving case. The car that hit her as she rode her bicycle one May evening in Miller Place, N.Y., did not stop, the police said, until it crashed into another vehicle farther down the road. </p>
<p>The driver could not keep her eyes open during an interview with investigators, according to the complaint against her, and her speech was slow and slurred. But the driver told the police that she had not been drinking; instead, the complaint said, she had taken several prescription medications, including a sedative and a muscle relaxant.<br />
<span id="more-827"></span></p>
<p>She was charged with vehicular manslaughter and driving under the influence of drugs — an increasingly common offense, law enforcement officials say, at a time when drunken-driving deaths are dropping and when prescriptions for narcotic painkillers, anti-anxiety medications, sleep aids and other powerful drugs are rampant. </p>
<p>The issue is vexing police officials because, unlike with alcohol, there is no agreement on what level of drugs in the blood impairs driving. </p>
<p>The behavioral effects of prescription medication vary widely, depending not just on the drug but on the person taking it. Some, like anti-anxiety drugs, can dull alertness and slow reaction time; others, like stimulants, can encourage risk-taking and hurt the ability to judge distances. Mixing prescriptions, or taking them with alcohol or illicit drugs, can exacerbate impairment and sharply increase the risk of crashing, researchers say. </p>
<p>“In the past it was cocaine, it was PCP, it was marijuana,” said Chuck Hayes of the International Association of Chiefs of Police. “Now we’re into this prescription drug era that is giving us a whole new challenge.” </p>
<p>The police also struggle with the challenge of prosecuting someone who was taking valid prescriptions. </p>
<p>“How do we balance between people who legitimately need their prescriptions and protecting the public?” said Mark Neil, senior lawyer at the National Traffic Law Center, which works with prosecutors. “It becomes a very delicate balance.” </p>
<p>Some states have made it illegal to drive with any detectable level of prohibited drugs in the blood. But setting any kind of limit for prescription medications is far more complicated, partly because the complex chemistry of drugs makes their effects more difficult to predict than alcohol’s. And determining whether a driver took drugs soon before getting on the road can be tricky, since some linger in the body for days or weeks. </p>
<p>Many states are confronting the problem as part of a broader effort to keep so-called drugged drivers, including those under the influence of marijuana and other illegal drugs, off the road. </p>
<p>“We have a pretty clear message in this country that you don’t drink and drive,” said R. Gil Kerlikowske, President Obama’s top drug policy adviser, who wants to reduce drugged-driving accidents by 10 percent over the next five years. “We need very much to have a similar message when it comes to drugs.” </p>
<p>There is no reliable data on how many drivers are impaired by prescription drugs, but law enforcement officials say the problem is growing so quickly that states are putting hundreds of police officers through special training to spot signs of drug impairment and clamoring for better technology to detect it. </p>
<p>Even the prevalence of drug-impaired driving is unknown, since many states combine the arrest data with that for drunken driving. Mr. Kerlikowske points to a 2007 survey by the National Highway Traffic Safety Administration, which screened 5,900 nighttime drivers around the country and found that 16.3 percent tested positive for legal or illegal drugs. </p>
<p>The tests could not determine which drivers were impaired by drugs, but Mr. Kerlikowske said the results suggested a problem that had “flown below the radar” for too long. </p>
<p>“You don’t want to scare people,” he said, “but you certainly want to make them aware of the dangerousness. You can be as deadly behind the wheel with prescription drugs as you can with over-the-limit alcohol, and you are responsible for your own actions.” </p>
<p>In interviews, law enforcement officials around the country said anyone who drives while taking prescription drugs is at risk of arrest, not only those who drive recklessly. In one recent case near Bangor, Me., a pickup truck on a rural road was not swerving, speeding or otherwise hinting that its driver was impaired. A police officer stopped the truck because of its noisy muffler, then saw that the driver’s eyes were bloodshot and his speech slurred. </p>
<p>A Breathalyzer test found that the driver, Chester Annance, had not been drinking. Yet he was arrested based on the officer’s suspicion that he was on drugs, and a blood test later found opiate painkillers in his system. </p>
<p>Mr. Annance was convicted this month of driving under the influence of drugs. He received seven days in jail, a three-year license suspension and a fine. He is appealing the conviction. </p>
<p>“You don’t need to wait for a crash to happen before you charge someone,” said R. Christopher Almy, the district attorney in Bangor. </p>
<p>Defense lawyers say that in their zeal to make a statement about drug-impaired driving, the police are casting too wide a net and unfairly punishing people who are taking prescriptions as directed. </p>
<p>Tara Jenswold-Schipper, an assistant attorney general in Wisconsin, said she usually stuck to cases where drivers had mixed drugs, exceeded the proper dose or taken controlled medications without a prescription. </p>
<p>In one such case in that state, a former physician slammed his S.U.V. into a Honda Accord in April 2008, killing the pregnant driver and her 10-year-old daughter. Prosecutors said the physician, Mark Benson, had high levels of the sleep aid Ambien in his system, as well as Xanax, an anti-anxiety drug, and oxycodone, an opiate painkiller. Mr. Benson was sentenced to 30 years in prison. </p>
<p>Defendants can try to prove that they did not realize their medication would affect their driving, prosecutors said, but that argument may not hold up if the bottle had a warning label. </p>
<p>“Would you go home and start a chain saw and cut down a tree?” said Lt. Col. Thomas C. Hejl, the assistant sheriff in Calvert County, Md. “Why should you get behind the wheel of a vehicle when the same medication has the same side effects?” </p>
<p>Unable to prove impairment with blood tests, prosecutors in drugged-driving cases rely heavily on the testimony of “drug recognition experts,” law enforcement officers trained to spot signs of impairment in drivers. But there are only about 7,000 such officers nationwide, Mr. Hayes said, not nearly enough to respond to every traffic stop that may involve drugs. </p>
<p>“When they are involved,” he said of the experts, “our chances of convicting people are much higher.” </p>
<p>But persuading a jury to convict someone of impaired driving due to prescription drugs remains difficult except for the most egregious cases, said Douglas F. Gansler, the attorney general in Maryland. </p>
<p>“Because most people on the jury will also likely be taking prescription drugs for some ailment,” Mr. Gansler said, “whether it’s Lipitor or allergy pills or whatever it might be, they might think, ‘I don’t want that to become criminal.’ ” </p>
<p><a href="http://www.nytimes.com/2010/07/25/us/25drugged.html?pagewanted=1&#038;_r=1&#038;sq=driving under influence&#038;st=cse&#038;scp=1"></p>
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		<title>Study pushes repeal of mandatory minimum sentences for school zones</title>
		<link>http://www.statecollegelaw.com/study-pushes-repeal-of-mandatory-minimum-sentences-for-school-zones/</link>
		<comments>http://www.statecollegelaw.com/study-pushes-repeal-of-mandatory-minimum-sentences-for-school-zones/#comments</comments>
		<pubDate>Tue, 13 Jul 2010 13:03:38 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=825</guid>
		<description><![CDATA[BY TERESA ANN BOECKEL
Daily Record/Sunday News
Updated: 07/10/2010 11:27:54 PM EDT
York County&#8217;s district attorney likes having the option; defense lawyers would like to see the mandatory minimum repealed.
Most of the City of York falls within a drug-free school zone, so an adult convicted of even a first-time offense could face time in state prison.

It&#8217;s up to [...]]]></description>
			<content:encoded><![CDATA[<p>BY TERESA ANN BOECKEL<br />
Daily Record/Sunday News<br />
Updated: 07/10/2010 11:27:54 PM EDT</p>
<p>York County&#8217;s district attorney likes having the option; defense lawyers would like to see the mandatory minimum repealed.</p>
<p>Most of the City of York falls within a drug-free school zone, so an adult convicted of even a first-time offense could face time in state prison.</p>
<p><span id="more-825"></span><br />
It&#8217;s up to the district attorney whether to invoke mandatory minimum sentences of two to four years for drug offenses that occur within 1,000 feet of school property. </p>
<p>If the district attorney does so, a judge must hand down that sentence &#8212; whether or not he or she agrees with it.</p>
<p>The law doesn&#8217;t distinguish whether it&#8217;s someone selling drugs in a house within the drug-free school zone during the middle of the night, or a drug dealer selling to children near a school.</p>
<p>The Pennsylvania Commission on Sentencing is recommending that legislators repeal the drug-free school zone mandatory sentences and let judges to determine the sentence based on already-existing guidelines that would include increased time.</p>
<p>Some, however, say they want to see defendants receive the stiffest penalty possible.</p>
<p>The commission said mandatory sentences are used inconsistently across the state, said Mark Bergstrom, executive director of the commission. Some district attorneys invoke it every time. Others rarely use it, he said.</p>
<p>In addition, there&#8217;s no required link between the drug deals and the school zone, Bergstrom said. The zone extends 1,000 feet from the edge of the school property, so it includes people living blocks away.</p>
<p>Another tool in the arsenal</p>
<p>York County District Attorney Tom Kearney said his office determines </p>
<p>whether to invoke the mandatory sentence based on the facts of the case. It&#8217;s a tool in his arsenal that he likes to have.<br />
Kearney said he wants to punish anyone who commits a crime, but he&#8217;s more interested in using that type of sentencing on dealers than sending an 18-year-old high school student upstate because he got caught up in something.</p>
<p>&#8220;I like the flexibility the legislation has provided to me,&#8221; he said. &#8220;What we want to get are the bad guys.&#8221;</p>
<p>However, Kearney said he can understand the concern about the lack of consistency in the use of drug-free school zone mandatory sentences across the state.</p>
<p>If someone commits the same crime both York and Adams counties, but they&#8217;re treated differently in each county, Kearney said, he can see some justification in the sentencing commission being concerned about that.</p>
<p>&#8220;At the end of the day, I believe it&#8217;s a political decision,&#8221; Kearney said.</p>
<p>Legislature unlikely to change law</p>
<p>In general, legislators will need to address mandatory minimum sentences for first-time, non-violent offenders because the state prison population keeps going up while crime has been decreasing, state Rep. Eugene DePasquale, D-West Manchester, said.</p>
<p>However, he cautions against lessening any offense in a school zone because it puts children in danger.</p>
<p>State Rep. Seth Grove, R-Dover Township, said the intent of the law is to make sure that drug dealers don&#8217;t set up shop, and the 1,000 feet helps to protect the sanctity of that area.</p>
<p>&#8220;It&#8217;s to protect the kids going to school,&#8221; he said.</p>
<p>Dallastown Area School District Supt. Stewart Weinberg said the drug-free school zones help to keep drugs off of school property, and he&#8217;s not interested in lessening the penalties.</p>
<p>If someone&#8217;s dealing at 2 a.m. out of a house, what&#8217;s going to stop that person from doing it when school is in session, he asked.</p>
<p>If the penalties are lessened, &#8220;you&#8217;re not helping me create a safe environment for students and staff,&#8221; Weinberg said.</p>
<p>Grove said he&#8217;s not sure the votes are there to change the law.</p>
<p>Defense attorneys would like to see repeal</p>
<p>Two local defense attorneys, however, said the mandatory minimum drug-free school zone sentences can be unfair, and they hope the legislature will repeal it.</p>
<p>&#8220;It just takes too much power away from the judge,&#8221; defense attorney Richard Robinson said.</p>
<p>Robinson said he represented a student at Franklin &#038; Marshall College in Lancaster County who was selling marijuana in his dorm room to some friends. The student did not have a prior history.</p>
<p>The district attorney threatened to invoke the mandatory minimum, which would have sent the student to state prison for two years. At the end of the day, the student received probation.</p>
<p>&#8220;They have a hammer over your head,&#8221; Robinson said.</p>
<p>Defense attorney Christopher Ferro said he agrees that it takes the discretion out of a judge&#8217;s hands to judge each defendant on the merits of the facts.</p>
<p>It&#8217;s an arbitrary distinction of where the school zone is, and it doesn&#8217;t really take into account whether there were minors involved.</p>
<p>&#8220;It&#8217;s justice by tape measure, which makes no sense,&#8221; he said.</p>
<p>One of the most unfair aspects is that the law disproportionately affects defendants in urban areas because of the number of school buildings.</p>
<p>&#8220;It&#8217;s almost impossible to go anywhere in York City, and you&#8217;re not in a drug-free school zone,&#8221; he said. </p>
<p>READ THE REPORT </p>
<p>To read the Pennsylvania Commission on Sentencing&#8217;s 2009 annual report, visit http://pcs.la.psu.edu/ </p>
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		<title>Penn State Alcohol Debate Turns to Action</title>
		<link>http://www.statecollegelaw.com/penn-state-alcohol-debate-turns-to-action/</link>
		<comments>http://www.statecollegelaw.com/penn-state-alcohol-debate-turns-to-action/#comments</comments>
		<pubDate>Sun, 06 Jun 2010 11:11:16 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=799</guid>
		<description><![CDATA[Sara Ganim and Anne Danahy Centre Daily Times	 
STATE COLLEGE — The night that freshman Joseph Dado was found dead at the bottom of a campus stairwell, Penn State’s vice president for student affairs, Damon Sims, says he made a conscious decision not to have a knee-jerk reaction.

It was only four weeks into the fall [...]]]></description>
			<content:encoded><![CDATA[<p>Sara Ganim and Anne Danahy Centre Daily Times	 </p>
<p>STATE COLLEGE — The night that freshman Joseph Dado was found dead at the bottom of a campus stairwell, Penn State’s vice president for student affairs, Damon Sims, says he made a conscious decision not to have a knee-jerk reaction.<br />
<span id="more-799"></span><br />
It was only four weeks into the fall semester, but already Penn State had been named the nation’s No. 1 party school by the Princeton Review. About a dozen alcohol-related sexual assaults had been reported both on campus and in downtown State College. A 19-year-old from Bellefonte who’d been drinking had nearly died in August after somersaulting more than 30 feet from an apartment balcony. And now a student was dead, having fallen while trying to make his way to his dorm room after a party.</p>
<p>Alcohol, it seemed, would be a much-talked about issue this year.</p>
<p>“What I did not want to do is what I’ve seen done countless times, year after year after year, where institutions decry the problem, make broad pronouncements about how they will not tolerate X, Y and Z, and then continue to sort of function in the same way, and nothing really changes,” Sims said during an interview with the Centre Daily Times.</p>
<p>“We needed to actually try to think about how we would change the outcome, and understand that this was never going to be, in my mind, a problem that was solved overnight. It’s a very slow process, and you have to be committed to it for a long time.”</p>
<p>Sims and State College Borough Manager Tom Fountaine sat down with CDT reporters at the end of the spring semester to talk about what town and gown are doing in hopes of making lasting changes in the drinking culture.</p>
<p>Starting in the fall, the university will unveil a more intense counseling program for students who end up being treated in the emergency room for alcohol overdoses. It will send letters of concern to parents of incoming students, and is considering, at the gates of Beaver Stadium, requiring that students previously ejected for drunken behavior take Breathalyzer tests. Community members are planning events to bring town and gown together, and the borough is looking at making public restrooms available.</p>
<p>Sims said he doesn’t think excessive drinking is worse at Penn State than elsewhere. But it’s noticed here, he said, because we talk about it.</p>
<p>There was a fair amount to talk about this past year. State Patty’s Day, for example, set a record for arrests. The student-created celebration also spawned other, more modest student drinking days. A hazing incident at a Penn State fraternity sent some students to the hospital with alcohol poisoning. And before the semester ended, a drunken student was badly injured when he stepped in front of a police cruiser during Blue- White weekend.</p>
<p>Administrators haven’t publicly said how they plan to tackle the problem — until now.</p>
<p>“Now we’re at a point where I think at least virtually everybody who needs to agrees we have a serious issue here that we need to behave differently toward,” Sims said. “I think there’s more of a willingness to do that, and probably less likelihood that people will push back against what we think are going to be very well-intentioned, thoughtful, evidence- based in many instances, initiatives designed to mitigate the problem and yet balance the many interests involved.”</p>
<p>Losing patience</p>
<p>When 21-year-old student Kevin Ignatuk stepped into the path of a police cruiser in April, with a blood-alcohol level of .322 percent, it was the third time his drinking had gotten him into trouble.</p>
<p>It’s time, Sims says, to be less patient.</p>
<p>“We don’t feel now we’re always getting their attention the way that we should,” he said. So students who have multiple alcohol-related offenses may face stiffer consequences.</p>
<p>For example, one consequence already in place at some peer institutions: A student who is removed from a football game for drunken behavior has to pass a Breathalyzer before going into the next game.</p>
<p>Counseling to help students recognize a growing problem also will be a major focus this fall, Sims said.</p>
<p>Right now, the alcohol intervention program for students who are treated for overdoses in Mount Nittany Medical Center’s emergency room draws about 400 to 500 students a year. Sims said students aren’t required to participate, and it hasn’t been as effective as the university would like.</p>
<p>So, this fall the university is moving to BASICS — Brief Alcohol Screening and Intervention for College Students — a model recognized by the National Institutes of Health. Students whose drinking gets them into trouble will be given the choice of facing the university’s judicial system or paying $200 for BASICS.</p>
<p>The university is hiring four counselors who will talk with the students to determine the extent of their problems and possibly refer them for additional treatment.</p>
<p>About 2,000 students a year could go through the program. Students who complete it will get a clean university record — but only the first time.</p>
<p>“I’m convinced these professionally trained counselors will really know how to do that work, and will make an impact on students’ attitudes and behaviors,” Sims said.</p>
<p>As a Penn State parent who has been on the receiving end of the dreaded late night phone call, J. Stidd feels the judicial process needs to have some teeth.</p>
<p>“If you can hold academic enrollments over their heads, loss of financial investments, tuition payments negated without completion of terms, that’s the kind of thing that’s going to get somebody’s attention,” he said. “You don’t bend over backwards the second or third time.”</p>
<p>Stidd’s son, Aaron, was 20 when he was struck by a drunken driver speeding through the crosswalk at Atherton Street and Beaver Avenue. Aaron Stidd will probably never recover from his debilitating brain injuries.</p>
<p>For years before the crash, J. Stidd worked in the state prisons, determining how severely inmates should be reprimanded for offenses committed behind bars. So he talks matter-offactly about punishment.</p>
<p>But when Stidd talks about prevention, his rough-around- the-edges persona fades quickly.</p>
<p>“If there’s something that (my wife) and I could do to assist or to prevent this from happening to another family,” he said. “If we can say or do anything &#8230; I would say or do anything. But the reality is that it’s still going to happen. You have to curb it, minimize it. That’s what your goal should be.”</p>
<p>Policies and prevention</p>
<p>The high-rise housing in Beaver Canyon and mix of fraternities and residences in the Highlands neighborhood couldn’t be a worse recipe for town-gown tensions, Sims said.</p>
<p>But when those apartments and fraternities were built, there were far fewer students attending Penn State.</p>
<p>In 1970, 26,174 students were enrolled at University Park. By 1990, that number was 38,779. In 2009, enrollment hit 44,832. The sheer number of students has added a new dimension to what many insist is an ages-old problem.</p>
<p>Fountaine and State College Borough Council members praised the efforts of student organizations and community members, launched in the wake of Dado’s death, to tackle the problem of excessive drinking.</p>
<p>But they say they were disappointed when the Interfraternity Council, about six months after it banned drinking at Wednesday night pledge events, loosened those restrictions as a reward to some fraternities for good behavior.</p>
<p>“We know students who went through the semester said it worked,” said Councilwoman Theresa Lafer. “We know we cannot change the whole country’s drinking habits, but we can change expectations for kids who come here.”</p>
<p>Lafer said she thinks efforts such as LateNight Penn State — which offers alcohol-free events — must continue. So should another student idea: having student auxiliary teams walking through neighborhoods on weekend nights.</p>
<p>“I think we are going to have to look and see if there are any other ways of enforcing the laws that are already on the books,” Lafer said. “We can’t afford more police and we’re already spending half our budget to protect people.”</p>
<p>State College Police Chief Tom King said he plans to spend the summer looking at programs that would focus on issues in the Highlands and Holmes-Foster areas.</p>
<p>“I would like to find a way, though difficult with staffing levels, to have a neighborhood patrol team that can focus on alcohol, noise, vandalism issues,” he said. “But I’m struggling with the fact that I’m down three officers at this point, and it just takes staff to get that done.”</p>
<p>Using student auxiliary officers could be one solution.</p>
<p>Police say they’ll also continue a successful program in which they contact hosts prior to large parties to remind them of their responsibilities and obligations.</p>
<p>“It’s been proven that you need to mix in preventative things to really make the biggest impact with alcohol-related problems,” King said.</p>
<p>Council President Ron Filippelli said he was disappointed the borough didn’t pass an ordinance that would have allowed, under certain circumstances, party hosts to be fined up to $600 when their guests break the law.</p>
<p>“I think with all the attention being paid to the alcohol problem over the last year very little came out of it in terms of public policy,” Filippelli said. “I’d like to see other ideas come forward for controlling alcohol and large parties.”</p>
<p>One change Filippelli and others would welcome is legislation that would allow municipalities to increase fines for certain offenses. The $300 to $400 fine for summary offenses hasn’t increased in 40 years.</p>
<p>Sen. Jake Corman, R-Benner Township, has been meeting with local leaders about taking that idea to the legislature. He says he’s not sure, right now, if it’s the best plan, but hopes to have a proposal by the end of the summer.</p>
<p>The Centre County Public Issues Forum talked about dealing with dangerous and underage drinking at a community forum in March. Cochairwoman Lou Ann Evans said participants liked the idea of having more events that would attract a mix of community members and students.</p>
<p>A task force is working those ideas.</p>
<p>“One of the ideas that people seem to really support was having an event like a block party when students come to town in the fall — welcoming them and getting to know them so that kids know their neighbors and neighbors know the kids,” Evans said. “What we heard from the students and the community was that if there is a relationship between people, it changes how you treat one another. So you’re less likely to throw beer bottles on Mrs. Smith’s lawn if you know Mrs. Smith.”</p>
<p>Taking on tailgates</p>
<p>Other changes in the works include making all Penn State dorms alcohol-free by 2011-12, sending letters to parents of incoming first-year students and finding ways of dealing with problem tailgating lots.</p>
<p>Fountaine said the borough plans to put portable bathrooms in town before the Central Pennsylvania Festival of the Arts and will decide whether they should be permanent. Restrooms in the borough parking garages will now be kept open 24 hours a day.</p>
<p>Tailgating, Sims said, generally isn’t a problem. But there are a few lots “which have become outrageously bad places.”</p>
<p>“We are intent on doing something different about that,” he said.</p>
<p>The annual Penn State Pulse survey of students’ drinking behavior found these percentages of high-risk drinkers*:</p>
<p>54%</p>
<p>men</p>
<p>55%</p>
<p>white</p>
<p>52%</p>
<p>women</p>
<p>38%</p>
<p>nonwhite</p>
<p>61% 40%</p>
<p>off campus on campus</p>
<p>59% 47%</p>
<p>age 21+ < 21</p>
<p>55%</p>
<p>47%</p>
<p>GPA <3.0 GPA 3.6-4.0</p>
<p>60% 53%</p>
<p>GPA 3.0-3.29 GPA 3.3-3.59</p>
<p>*High-risk drinking is defined as having four or more drinks in a two-hour period for women and five or more drinks in a two-hour period for men at least once during the previous two weeks.</p>
<p>Student Affairs, the police, University Athletics and others will be involved. Options could include turning the problem lots into alcohol-free zones.</p>
<p>The Penn State Alumni Association is also getting involved. Executive Director Roger Williams said association President Barry Simpson is appointing an ad hoc committee that will focus on supporting town-gown activities that mitigate the culture of excessive drinking.</p>
<p>The committee will help design messages aimed at alumni, but, Williams said, they don’t want to “chide” association members.</p>
<p>“Our members are among the most loyal, supportive and certainly best behaved of Penn State alumni,” Williams said.</p>
<p>“As far as I can see they are not the problem, but they can be part of the solution.”</p>
<p><a href="http://www.centredaily.com/2010/06/06/2019292/alcohol-debate-turns-to-action.html#ixzz0q4PCOB78"></p>
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		<title>Community must find solutions together</title>
		<link>http://www.statecollegelaw.com/community-must-find-solutions-together/</link>
		<comments>http://www.statecollegelaw.com/community-must-find-solutions-together/#comments</comments>
		<pubDate>Tue, 19 Jan 2010 19:29:53 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[criminal law]]></category>
		<category><![CDATA[Fraternity]]></category>
		<category><![CDATA[penn state]]></category>
		<category><![CDATA[Penn State and Students]]></category>
		<category><![CDATA[state college lawyer]]></category>
		<category><![CDATA[underage drinking]]></category>

		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=752</guid>
		<description><![CDATA[FOCUS ON EXCESSIVE DRINKING
Community must find solutions together
Damon Sims and Tom Fountaine
One irony about the problem of dangerous drinking among Penn State students is that it can be either a wedge dividing town and gown or a common cause that binds our community as one.

It is easier to assign blame than to find solutions, and [...]]]></description>
			<content:encoded><![CDATA[<p><strong>FOCUS ON EXCESSIVE DRINKING</strong><br />
<strong>Community must find solutions together</strong><em><br />
Damon Sims and Tom Fountaine</p>
<p>One irony about the problem of dangerous drinking among Penn State students is that it can be either a wedge dividing town and gown or a common cause that binds our community as one.<br />
<span id="more-752"></span><br />
It is easier to assign blame than to find solutions, and simpler still to think there is nothing more we can do. The actual complexity and subtlety of the issue are easily overlooked in favor of either a simplified “Animal House” worldview or the complaint that too little is being done.</p>
<p>But nothing is gained from pointing fingers or oversimplifying an endlessly vexing problem. We must choose instead to join together — town and gown, permanent residents and students, police and landlords, neighborhood associations and fraternity alumni, hospital administrators and tavern owners, the Pennsylvania Liquor Control Board and local schools — one community drawn together by the single purpose of finding a more reasonable and civil relationship between our community and alcohol.</p>
<p>We must choose to partner rather than blame, to persist rather than surrender, to honor students lost to alcohol by aggressively seeking better outcomes in the months and years ahead.</p>
<p>To this cause we invite each of you, and we are grateful for the CDT’s willingness to devote its editorial page to this purpose. The opportunity for our community to join in an ongoing, constructive dialogue about better approaches to the problems related to alcohol is important.</p>
<p>Those problems are not limited to Penn State students, of course. In fact, nearly half of all arrests for alcohol-related crimes in our community involve non-students. Drinking is pursued even in our middle school populations, and binge drinking occurs among too many permanent residents in our community. Still, the high profile of alcohol issues involving Penn State students attracts more than its share of attention, and the data suggest that this attention is deserved.</p>
<p>We lead a group called The Partnership: Campus and Community United Against Dangerous Drinking. For more than a decade, this collection of university and local leaders has pooled its resources and insights in search of initiatives aimed at mitigating dangerous drinking in our community. The group has not yet seen the success it seeks, but as a model for a collective effort to stem the tide of alcohol misuse, it has few peers. There should be no question about the good intent and genuine effort this group has long represented.</p>
<p>Among the partnership’s contributions has been an annual report on its assessment of the alcohol problem in our community. The numbers in the most recent report are not promising. Heavy drinking among Penn State students is on the rise. Alcohol-related emergency room visits by students are increasing, and the average blood-alcohol level of those students is up. The number of student alcohol- related law violations has increased in three of the past four years, as has the number of alcohol- related cases processed by the campus judicial system.</p>
<p>Curiously, other important and seemingly related numbers have not demonstrated comparable increases. These numbers include noise complaints in the borough, assaults and arrests for furnishing alcohol to minors. Even self-reported, high-risk drinking among Penn State students has declined significantly since 2006.</p>
<p>In short, the problem of dangerous drinking in our community is real and increasingly troubling, but the growing perception that the issue is suddenly and unusually out of control is a misperception. The same can be said for the sense that the situation in State College is somehow unusual or even unique. It does not minimize the gravity of the issue in our community to acknowledge that this is a national problem, one that is found in virtually every major college campus community in the country.</p>
<p>As it happens, for instance, we both graduated from another Big Ten school — Indiana University, which in 2002 was named by the Princeton Review as the Party School of the Year. Our longstanding familiarity with the small town of Bloomington and its large university campus assures us that the circumstances in State College are far from unusual.</p>
<p>And therein lies the darkest truth. Despite limited claims of success with this issue by some, most notably the University of Nebraska, there is little empirical evidence that the decades-long efforts to minimize alcohol abuse among college students are working. Despite spending millions of dollars on hundreds of initiatives, nearly every university community acknowledges that dangerous drinking among students remains a growth industry.</p>
<p>Penn State is widely recognized as an early leader in calls to change the culture of alcohol among college students. But our community suffers from these issues despite the university’s substantial and ongoing efforts to address them.</p>
<p>Further complicating the search for solutions are the obvious differences between a campus with 23,000 students in a town of nearly a quarter million people — Lincoln, Neb., for instance — and a 45,000-student campus in a town with only 38,000 permanent residents — our own State College. Throw into that mix differences in the location and design of student housing, including fraternities and large apartment complexes, and you begin to see that differences matter.</p>
<p>What may work for one community is not necessarily going to work for another. Each situation serves up its own distinctive challenges. Comparison in this arena is often less fruitful than it may seem.</p>
<p>We may learn from others and steal good ideas where we find them, but the solution to our problem must, in the end, be uniquely our own. Still, there is much we could do and even more we should consider. With that in mind, we are reaching out to the many constituencies that constitute our community to invite their collaboration in the cause. Starting with student leaders and the students they lead and working our way to faculty, staff, parents, tavern owners, alumni, athletic administrators, media outlets, and on and on, we hope to enlist as many people as we can to this common purpose.</p>
<p>The first order of business is to define the success we seek and identify the metrics to be used to measure our progress. Should our focus be underage drinking or high risk drinking or both? Would increased caseloads in our respective judicial systems be seen as evidence of a growing problem or proof of a stronger response to the problem? Would greater use of emergency medical services for alcohol issues be seen simply as a negative development or as evidence of better recognition of critical situations and more responsible action in the face of them?</p>
<p>Such questions are many and are not easily answered, but neither can they be ignored. They speak to the complexity of the issue we face and the need to face it as one.</p>
<p>Minimally, our community should be able to answer the question: What would success look like? It is not clear that we have consensus on that point. Until we do, however, little additional progress will be made.</p>
<p>One thing is certain, though. More of the same will only promise continued disappointment or worse. We must be open to new approaches, willing to reconsider controversial proposals and quick to recognize repackaged versions of previously failed attempts.</p>
<p>A solution that truly mitigates the problem and sustains a more reasonable and civil culture in our community will require sustained effort. There will surely be more disappointment, loss and tragedy along the way. Patience is required — patience and mutual support and a willingness to accept incremental progress. Cultural changes are slow. Like eating an elephant, they occur one bite at a time.</p>
<p>It is important to note that simply because too many of our students share with others in our community an unhealthy relationship with alcohol does not make our students the problem. Those who may suffer the inclination to do so must resist the temptation to paint Penn State students in such broad strokes. But neither does their status as students grant those attending Penn State the freedom to exercise without consequence misplaced notions about rites of passage. Binge drinking and the incivility and risks that flow from it do not constitute a right, and the consequences for related misbehavior must be plain.</p>
<p>In the end, however, this issue presents a question of choice and personal responsibility. As members of the Penn State family, our students are responsible for themselves and responsible for each other. They must join together in building a successful learning community one choice at a time.</p>
<p>Those of us who are permanent residents of our community must be encouraged to move away from an us versus them dynamic, recognizing instead that it is our students who will ultimately make the personal choices that decide whether our community succeeds or fails on this front. After all, few among us are present in the wee hours of a night when the choice is made to have just one more drink, or buy a case of beer for a minor friend, or urinate in the yard in which one is standing, or let a friend climb behind the steering wheel when he or she clearly should not. It is in the community of friends and other peers that these choices are made, and those communities must establish and enforce, either formally or informally, expectations that discourage peers from bad choices.</p>
<p>The challenge we ask all of you to join will not be easy or brief. Nor are we certain of success. We are, however, optimistic that our community — a collection of permanent residents and students alike — has reached a tipping point in its relationship with alcohol. A student’s tragic death, disturbances in the Highlands neighborhood, the party school moniker — these elements and more have combined to propel the collaboration and common purpose we require if change is to occur.</p>
<p>Laws, rules, policies and enforcement may be part of the answer, but not all of it. Education will certainly be important, but education alone has proven inadequate to the cause. Counseling in certain instances will be critical, but resource limitations challenge our ability to scale personalized intervention to all of our students. Social marketing that promotes new attitudes and understanding may help, but only in concert with many other elements. More diverse social and cultural offerings in our downtown area must be sought, but for all their appeal they will not be the central solution.</p>
<p>In short, there is no single magic answer, no narrow collection of responses that will lead us to the end we seek. The causes are many, and the solutions must be many, too. Still, it has been said that no problem can stand the assault of sustained thinking and collective action. We ask only that you join us in that belief.</p>
<p><em>Damon Sims is vice president for</em> <em>student affairs at Penn State. Tom</em> <em>Fountaine is State College borough</em> <em>manager. This is the first of weekly</em> <em>columns and letters on this topic.</em></p>
<p><em></em><br />
<a href="http://www.centredaily.com/331/story/1734879.html?storylink=omni_popular#ixzz0d5X9845E">http://www.centredaily.com/331/story/1734879.html?storylink=omni_popular#ixzz0d5X9845E</a></p>
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		<title>Underage Citation Dismissal Resulting From Uncalibrated PBT Device</title>
		<link>http://www.statecollegelaw.com/underage-citation-dismissal-resulting-from-uncalibrated-pbt-device/</link>
		<comments>http://www.statecollegelaw.com/underage-citation-dismissal-resulting-from-uncalibrated-pbt-device/#comments</comments>
		<pubDate>Thu, 14 Jan 2010 13:54:27 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Underage Drinking]]></category>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=747</guid>
		<description><![CDATA[The Pennsylvania Superior Court dismissed a Montgomery County Underage Drinking citation where the Commonwealth relied on PBT results as the primary evidence of a sixteen year old&#8217;s guilt and introduced no evidence that the device had been calibrated as required by Pennsylvania law. 
In Commonwealth v. Brigidi, the Superior Court held that the “explicit language of [...]]]></description>
			<content:encoded><![CDATA[<p>The Pennsylvania Superior Court dismissed a Montgomery County Underage Drinking citation where the Commonwealth relied on PBT results as the primary evidence of a sixteen year old&#8217;s guilt and introduced no evidence that the device had been calibrated as required by Pennsylvania law. </p>
<p><span id="more-747"></span>In <em>Commonwealth v. Brigidi</em>, the Superior Court held that the “explicit language of the enabling statute” requires the Commonwealth to demonstrate that the breath testing device be “calibrated and tested for accuracy within a period of time and in a manner specified by regulations of the Departments of Health and Transportation” in order to be admissible.  In this case, the Superior Court found that the Commonwealth’s failure to introduce calibration evidence was likely fatal, and remanded the case back to the trial court with direction to dismiss the case.</p>
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		<title>New policy for IFC recruitment</title>
		<link>http://www.statecollegelaw.com/new-policy-for-ifc-recruitment/</link>
		<comments>http://www.statecollegelaw.com/new-policy-for-ifc-recruitment/#comments</comments>
		<pubDate>Mon, 11 Jan 2010 16:01:55 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Penn State Students]]></category>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=744</guid>
		<description><![CDATA[IFC will enforce alcohol-free recruitment events starting this semester.
By Colleen Boyle and Jourdan Cole, Collegian Staff Writers
The Interfraternity Council (IFC) announced Sunday all spring recruitment events will be alcohol-free, which comes on the heels of a two-month-old social policy tightening the rules for all social events.


IFC President Max Wendkos (senior-marketing and psychology) said one goal [...]]]></description>
			<content:encoded><![CDATA[<div>IFC will enforce alcohol-free recruitment events starting this semester.</div>
<div>By Colleen Boyle and Jourdan Cole, Collegian Staff Writers</div>
<div>The Interfraternity Council (IFC) announced Sunday all spring recruitment events will be alcohol-free, which comes on the heels of a two-month-old social policy tightening the rules for all social events.</div>
<div>
<p><span id="more-744"></span></p>
<p>IFC President Max Wendkos (senior-marketing and psychology) said one goal of the &#8220;values-based&#8221; recruitment strategy is to provide for the safety of all participating in the recruitment process, which begins next Monday.</p>
<p>&#8220;With this new recruitment program, we are looking to, one, ensure safety of our recruits, and two, provide for our fraternities a recruitment of students that would reflect the values that our organizations were founded upon,&#8221; he said.</p>
<p>IFC officials believe the new policy will not deter potential recruits for the spring semester. But spring recruits who violate the policy will be disqualified from recruitment, Wendkos said.</p>
<p>&#8220;We have developed a system of fines and social repercussions to discourage our chapters from violating the new policy,&#8221; he said.</p>
<p>Fraternities will be penalized with a $1,000 fine if found in violation of the policy, IFC Vice President for Membership Mark Mixon said.</p>
<p>He said that at no point should alcohol and new members be in the same place at the same time during recruitment. A third party will monitor the formal recruitment events, he said, and IFC officials will be spot-checking fraternities during regular social events to ensure the policy is being upheld.</p>
<p>Wendkos said he also plans to continue the policy into the fall 2010 semester, tweaking the policy as IFC leaders identify ways to improve it.</p>
<p>&#8220;While this semester is definitely going to serve as a test run, we do intend to maintain that part of the policy,&#8221; he said.</p>
<p>The council hopes with these new regulations chapters will be able to &#8220;increase the exposure of</p>
<p>potential new members to the core values in fraternity life,&#8221; including brotherhood and virtue, according to an IFC press release issued Sunday night.</p>
<p>Dan Cartwright, IFC vice president of communications, said he is unsure of what the effects of the policy will be in the immediate future but is hopeful about the long-lasting effects.</p>
<p>&#8220;We predict that these changes in policy will have a positive effect on the community,&#8221; Cartwright (junior- energy, business and finance) said.</p>
<p>Mendkos and Cartwright both emphasized the importance of maintaining the ideals of their organizations and how this policy will assist in that goal.</p>
<p>&#8220;It&#8217;s incredibly important in our community to have members who carry these values with them day to day,&#8221; Wendkos said.</p>
<p>University Park Undergraduate Association President Gavin Keirans supported the new policy, which he said will affect the campus as a whole.</p>
<p>&#8220;I think the focus is on negatives when there is a laundry list of good within the greek community,&#8221; Keirans (senior-business management) said. &#8220;Away from alcohol is a positive. It&#8217;s important that the IFC and the community as a whole is focused on improvement.&#8221;</p></div>
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		<title>PSU Warns Of Computer Privacy Breach</title>
		<link>http://www.statecollegelaw.com/psu-warns-of-computer-privacy-breach/</link>
		<comments>http://www.statecollegelaw.com/psu-warns-of-computer-privacy-breach/#comments</comments>
		<pubDate>Wed, 30 Dec 2009 22:35:41 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[State College Legal Notes and Observations]]></category>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=741</guid>
		<description><![CDATA[STATE COLLEGE, Pa. &#8212; Penn State University said nearly 30,000 individuals may have had their Social Security numbers exposed because of a privacy breach caused by infected university computers.

A school spokeswoman said Tuesday there is no evidence the information has been accessed by unauthorized parties, but that the university is being cautious in notifying people [...]]]></description>
			<content:encoded><![CDATA[<p>STATE COLLEGE, Pa. &#8212; Penn State University said nearly 30,000 individuals may have had their Social Security numbers exposed because of a privacy breach caused by infected university computers.</p>
<p><span id="more-741"></span></p>
<p>A school spokeswoman said Tuesday there is no evidence the information has been accessed by unauthorized parties, but that the university is being cautious in notifying people their information is on an infected computer.</p>
<p>The school announced Dec. 23 that the computers have been hit by so-called &#8220;malware,&#8221; or malicious software.</p>
<p>More than 14,000 of the records were at the main University Park campus. The school said Tuesday those individuals have been contacted.</p>
<p>Another 15,000 are at a still-unnamed branch campus, though that investigation is not complete.</p>
<p>Posted: 6:07 pm EST December 29, 2009</p>
<p>Updated: 12:21 pm EST December 30, 2009</p>
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		<title>ACLU to challenge nuisance ordinance</title>
		<link>http://www.statecollegelaw.com/aclu-to-challenge-nuisance-ordinance/</link>
		<comments>http://www.statecollegelaw.com/aclu-to-challenge-nuisance-ordinance/#comments</comments>
		<pubDate>Sun, 01 Nov 2009 19:06:20 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[State College Legal Notes and Observations]]></category>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=737</guid>
		<description><![CDATA[Proposed act unconstitutional, group says
Mike Joseph
STATE COLLEGE — A proposed borough ordinance to curb the impact of rowdy parties by holding hosts responsible for the illegal activities of guests has come under fire from a national organization that advocates individual rights.
The American Civil Liberties Union told State College in a letter Friday that the borough’s [...]]]></description>
			<content:encoded><![CDATA[<p>Proposed act unconstitutional, group says<br />
Mike Joseph<br />
STATE COLLEGE — A proposed borough ordinance to curb the impact of rowdy parties by holding hosts responsible for the illegal activities of guests has come under fire from a national organization that advocates individual rights.</p>
<p>The American Civil Liberties Union told State College in a letter Friday that the borough’s proposed “nuisance gathering ordinance,” which is scheduled for a public hearing Monday night, violates the U.S. Constitution.</p>
<p><span id="more-737"></span></p>
<p>The ACLU letter, from staff attorney Valerie Burch to council President Elizabeth Goreham, says the ordinance’s “liability scheme &#8230; runs roughshod over and through well-established constitutional rights.” If the borough passes the ordinance, Burch says in the letter, the ACLU of Pennsylvania will entertain requests to challenge it in court.</p>
<p>Goreham said Saturday that the ACLU letter “casts a shadow over that ordinance and we really need to look for another way — this is apparently not the way.”</p>
<p>The proposed ordinance was modeled after similar ones adopted recently in two other college towns — Michigan State University’s hometown in East Lansing and Bloomsburg, home of Bloomsburg University, borough Police Chief Tom King told council.</p>
<p>The State College proposal says the host of a gathering of 10 or more people may be held in violation of law and subject to summary offense fines from $300 to $600, or 30 days in jail, if the gathering results in certain illegal activities at or within 100 feet of the location.</p>
<p>The illegal activities of party guests that would result in nuisance gathering ordinance violations by party hosts include: excessively loud noise; brawls, fights, quarrels, obscene conduct or other public disturbances; open containers; underage drinking; public drunkenness; public urination or public defecation; unlawful furnishing of intoxicating beverages; criminal mischief; sale of controlled substance; and lewdness.</p>
<p>The ACLU said the ordinance is “overbroad.” In criminalizing the hosting of gatherings that result in illegal activities, the ACLU says, the proposal prohibits constitutionally protected activities such as political and religious meetings that may inadvertently result in illegal activities.</p>
<p>As an example, the ACLU cites a pre-election meeting whose hosts could be found in violation if a political opponent stands outside the meeting, shouts noisily and litters the street with handbills.</p>
<p>“Such an ordinance chills the right to freely associate, protected by the First Amendment,” the ACLU letter says.</p>
<p>The ACLU also said the proposed ordinance violates the First Amendment by holding those who exercise First Amendment rights liable for the actions of others, and by trying to shift the costs of police services to the organizer of events.</p>
<p>“The First Amendment does not allow government to hold an event organizer categorically responsible for the actions of others &#8230; loosely resulting from the event,” the ACLU said.</p>
<p>The ACLU’s third problem with the proposal centers on the right to due process under the Fifth Amendment. By punishing the host, the ACLU says, “the ordinance holds responsible those who lack both intent to act illegally and a ‘responsible relation’ to the illegal actors.”</p>
<p>In an interview Saturday, Burch suggested it will take more than just language tweaking to erase ACLU concerns.</p>
<p>“You simply can’t criminalize someone for just having a party,” she said. “You just can’t make a law that violates the U.S. Constitution, and of course the Constitution trumps the borough of State College.”</p>
<p>Penn State student Brett Fisher, a candidate for council in Tuesday’s election, has criticized the proposed nuisance gathering ordinance for the very reasons cited by the ACLU.</p>
<p>Another ordinance scheduled for a public hearing at Monday’s council meeting would change the definition of “student home” in the borough codes to make it harder for single-family homes owned by students or students’ family members to rent rooms in the home to unrelated students.</p>
<p>Still another proposal would specify permit uses of former fraternity houses to include community or day care centers, homes for the elderly, nursing homes, medical clinics, offices or private schools.</p>
<p>Council does not plan to act on either of these ordinances Monday. Final consideration is scheduled for the Dec. 7 council meeting. For more information, go to <a href="http://www.statecollegepa.us">www.statecollegepa.us</a>. Mike Joseph can be reached at 235-3910.</p>
<p> </p>
<p>Read more: <a href="http://www.centredaily.com/news/local/story/1602036.html#ixzz0VdVPWdWU">http://www.centredaily.com/news/local/story/1602036.html#ixzz0VdVPWdWU</a></p>
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		<title>Drug law challenged: Broad guidelines include bus stops, PSU property</title>
		<link>http://www.statecollegelaw.com/drug-law-challenged-broad-guidelines-include-bus-stops-psu-property/</link>
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		<pubDate>Sun, 25 Oct 2009 18:45:26 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=734</guid>
		<description><![CDATA[Sara Ganim
STATE COLLEGE — Scott Marion never thought selling $35 worth of marijuana to a college buddy might land him in state prison for more than two years.
Sentencing guidelines for that kind of crime call for probation to 30 days in county jail — with one huge exception.
If you are caught selling drugs within 1,000 [...]]]></description>
			<content:encoded><![CDATA[<p>Sara Ganim<br />
STATE COLLEGE — Scott Marion never thought selling $35 worth of marijuana to a college buddy might land him in state prison for more than two years.</p>
<p>Sentencing guidelines for that kind of crime call for probation to 30 days in county jail — with one huge exception.</p>
<p>If you are caught selling drugs within 1,000 feet of a school, state law says prosecutors can seek a two-year mandatory minimum sentence.</p>
<p><span id="more-734"></span>“The purpose was to discourage and penalize drug dealing near schools and near schoolchildren,” said Mark Bergstrom, director of the state Commission on Sentencing.</p>
<p>But the law also encompasses any location within 1,000 feet of colleges, universities, school bus stops, or any property owned by colleges or schools.</p>
<p>That includes the downtown apartment where Marion lived — where he sold the roughly three joints of marijuana. If he’d been outside a “school zone,” Marion would have needed to sell more than 10 pounds of marijuana to receive a sentence above two years.</p>
<p>“The problem here is we have a major university and some kids do experiment with marijuana at major universities,” said Chief Public Defender Dave Crowley. “It’s college kids, for the most part, selling to other college kids, very, very, very small amounts. Do you really want to ruin people’s lives for that stupid mistake?”</p>
<p>Earlier this month, the sentencing commission released a 490-page report on a two-year study of, among other things, school zone mandatory sentences.</p>
<p>Its recommendation: Repeal it.</p>
<p>The reasons: “First, 1,000 feet of a zone really does cover a lot of territory, especially in urban areas,” Bergstrom said. “You’re really covering blocks and blocks that don’t seem to have a connection to the school at all. It’s very broad.</p>
<p>“The second thing, it didn’t seem to have that connection with the (law’s) original purpose.”</p>
<p>Bergstrom said there are other tools that can be used to punish people who sell drugs to children. A sentencing enhancement can be enforced at the discretion of a judge and would carry about the same extra jail time as the school zone’s mandatory minimum, which allows judges no room to sway.</p>
<p>“I think that we all knew that these mandatories didn’t work for any legitimate purpose,” said State College defense attorney <strong>Andrew Shubin<em>.</em></strong> “We knew that they didn’t deter crimes. &#8230; We all know that we should not be using school zone mandatories when two consenting college kids are exchanging drugs in a dorm room.”</p>
<p>Debating the mandate</p>
<p>A map of State College shows a majority of the borough is within a school zone. Even outside of the borough, plots of land owned by Penn State, churches with day care centers, unmarked school bus stops — even during summer vacation — all are considered schools. Anything within three football fields of them is within a school zone.</p>
<p>“It’s sort of hard to know exactly if you’re in a school zone or not in a school zone,” Bergstrom said. “So if we’re saying we want to provide a safe zone for kids, people should know what that zone is and it’s kind of hard to tell.”</p>
<p>If the legislature doesn’t want to repeal the law, the commission recommended a second option: Amend the law to reduce the “zone” from 1,000 feet around a school to 250 feet, and remove colleges and universities from the mix.</p>
<p>Centre County District Attorney Michael Madeira, who is on the sentencing commission as a nonvoting representative of the state District Attorneys Association, says that while the association has yet to take a position, he disagrees with the findings.</p>
<p>Madeira, as well as prosecutors across the state, says the school zone mandatory rule is a great tool that prosecutors across the state use to negotiate plea agreements.</p>
<p>“By suggesting that a school zone mandatory could apply, and therefore garnering a plea from someone who sold drugs &#8230; helps our system,” Madeira said.</p>
<p>If his office stopped using the school zone law, he said, “every defense attorney worth their salt is going to say, ‘Let’s go to trial. What do we have to lose? My guy’s going to get convicted anyway. Or if he gets convicted, he’s not going to do any more time.’ ”</p>
<p>The commission found that this practice floods jails with people who weren’t the intended targets of the law. And defendants sentenced to prison are much more likely to reoffend, it noted.</p>
<p><strong>Shubin</strong> calls Madeira’s explanation for why he uses the school zone law “a victory of red meat politics over what’s right and what’s just.”</p>
<p>“Trials are a constitutional right, and it’s cynical to say ‘Let’s avoid them by instituting mandatories,’ ” <strong>Shubin</strong> said.</p>
<p>The report, which surveyed judges, prosecutors, defendants and attorneys, also found that school zone mandatory sentences were unevenly applied across the state.</p>
<p>“In some counties, it was used in every way possible and in other counties it wasn’t really used at all,” Bergstrom said.</p>
<p>The study showed the sentences were used most in Berks County, and least in Allegheny and Philadelphia counties.</p>
<p>The mandatory also makes no distinction between the type of drug or the quantity being sold. One-quarter ounce of marijuana draws the same sentence as a large quantity of heroin.</p>
<p>“To me, sentencing should be based on the type of drug, the quantity of drug, and it should be left to the court and not to the district attorney’s office,” said defense attorney Jason Dunkle.</p>
<p>Attorney Stacy Parks Miller, who is Madeira’s opponent in the Nov. 3 election, said the law had “a well intentioned purpose” but went far beyond that.</p>
<p>“Even though I fully support other mandatory sentencing provisions, including the mandatory sentence for drugs sold directly to a minor and mandatory sentences based upon the weight of drugs, I am not a fan of this mandatory,” Parks Miller said. “I prefer sentencing to be based upon actual facts of the case, not some geographical measurement of proximity of the incident to the border of property owned by Penn State University, which is often how we see it used.”</p>
<p>Trial comes at cost</p>
<p>Madeira said he believes those who wrote the law intended universities to be considered school zones, otherwise, “they wouldn’t have said ‘university.’ ”</p>
<p>But, he said, his office doesn’t typically enforce the mandatory sentence called for by the school zone law unless a case goes to trial.</p>
<p>That, defense attorneys say, has a chilling effect.</p>
<p>“When a prospective client is charged with delivery of drugs in the State College area, I tell them right away that the school zone statute may be applied,” Dunkle said. “I tell them that if we fight the case in any manner &#8230; you are going to state prison if we lose. It’s either plead guilty or face state prison. Someone with four cases, you’re looking at eight years. People who legitimately should fight a case simply won’t because of the fear of the school zones being applied.”</p>
<p><strong>Shubin</strong> recalled one case in which a 19-year-old education major and honor student, who had never before been in trouble, was asked to do a “favor” for a friend who had sold him pot.</p>
<p>The student sold the friend some marijuana on two occasions. He soon found out the friend was working with police to arrange the buys to get himself out of a jam.</p>
<p><strong>Shubin</strong> said he believed he had a good chance of winning if the case went to trial.</p>
<p>“None of these things mattered,” <strong>Shubin</strong> said. “All that mattered was that if I was going to test the case &#8230; they were going to ask four to eight years.”</p>
<p><strong>Shubin</strong> said his client, unwilling to take the risk, pleaded guilty to a felony and spent six months in jail.</p>
<p>“He’s now in a community college, he left Penn State because there was really no sense in him being here,” <strong>Shubin</strong> said. “A kid that would have earned $60-$80- $90,000 a year as an educator &#8230; he’s afraid to even apply for jobs with a felony on his record.”</p>
<p>“The mandatories, in my view, very cynically gave the District Attorney’s Office the opportunity to take a probation case, scare the bejeezus out of kids who have a lot to lose and got them to be confidential informants and set up their friends, elders, colleagues,” he said.</p>
<p>Scott Marion declined to comment while he waits to hear if the state Supreme Court will hear his appeal on the use of mandatories in his case. His appeal argues prosecutors didn’t prove his location was 1,000 feet from Penn State because he was six stories up in an apartment building.</p>
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